Justices of the Peace Act 1979 (repealed 19.6.1997)

Justices’ clerks and their staffs E+W

10 (1) This paragraph applies to any person who immediately before the 1st April 1953 was a justices’ clerk and by virtue of section 23 of the Act of 1949 was deemed for the purposes of that Act to have been appointed as such by a magistrates’ courts committee.

(2) In so far as, immediately before the commencement of this Act, the salary of any person to whom this paragraph applies was affected by subsection (2) of the said section 23 (which required the salary to be fixed with due regard to any additional duties imposed on him by that Act), the provisions of that subsection shall continue to have effect in relation to him notwithstanding the repeal of that section by this Act.

11 (1) This paragraph applies to any person who on the 1st April 1953 was transferred to the employment of a magistrates’ courts committee by section 23 of the Act of 1949 (which made provision as to persons who immediately before that date were employed by or employed to assist justices’ clerks or collecting officers).

(2) In so far as, immediately before the commencement of this Act, the terms and conditions of employment of a person to whom this paragraph applies was affected by subsection (7) of the said section 23 (under which the terms and conditions of the previous employment of persons transferred by that section were made relevant to the terms and conditions of their employment after the transfer), the provisions of that subsection shall continue to have effect in relation to him notwithstanding the repeal of that section by this Act.

(3) In sub-paragraph (2) above any reference to subsection (7) of the said section 23 includes a reference to that subsection as read with subsection (11) of that section (which relates to persons previously employed to assist a justices’ clerk).

12 (1) In this paragraph “transferred officer or employee to whom this paragraph applies” means any person who—

(a) by virtue of paragraph 10 of Schedule 3 to the Act to 1968 (which related to persons holding office as clerk at either of the justice rooms of the City of London and to their staffs) became a justices’ clerk in the City as if appointed by the magistrates’ courts committee or was transferred to the employment of the magistrates’ courts committee for the City, or

(b) by virtue of paragraph 13(1) or paragraph 13(3) of that Schedule (which related to persons holding office as clerk to the magistrate under the M1 South Staffordshire Stipendiary Justice Act 1889 or as clerk to the magistrate under the Staffordshire Potteries Stipendiary Justice Acts 1839 to 1895 and to their staffs) was transferred to the employment of a magistrates’ courts committee.

(2) In so far as, immediately before the commencement of this Act, the terms and conditions of employment of a transferred officer or employee to whom this paragraph applies were affected by paragraph 15 of Schedule 3 to the Act of 1968 (which made provision for securing that the terms and conditions of employment of any such person after the transfer would be no less favourable than those which he enjoyed immediately before the 10th November 1969), the provisions of that paragraph shall continue to have effect in relation to him notwithstanding the repeal of that paragraph by this Act.

Marginal Citations

M1 1889 c. xc.

13 (1) Any regulations made by the Secretary of State under section 42 of the Act of 1949 (which required the Secretary of State to provide for compensation for loss of office or employment, or loss or diminution of emoluments, attributable to Parts II and III of that Act) which were in force immediately before the commencement of this Act (including any such regulations made under that section as extended by section 32 of the Act of 1964) shall continue to have effect notwithstanding the repeal of those sections by this Act and may be revoked or varied accordingly.

(2) Any regulations made by the Secretary of State under paragraph 16 of Schedule 3 to the Act of 1968 (which required the Secretary of State to provide for compensation for loss of office or employment, or loss or diminution of emoluments, attributable to the operation of section 1 of that Act in relation to the City of London and in relation to the Acts relating to Staffordshire mentioned in paragraph 12(1)(b) above) which were in force immediately before the commencement of this Act shall continue to have effect notwithstanding the repeal of the said paragraph 16 by this Act and may be revoked or varied accordingly.

14 (1) This paragraph applies to any order made before the 1st April 1953 in pursuance of the powers exercisable under section 30 of the M2 Criminal Justice Administration Act 1914 or under section 1 of the M3 Affiliation Orders Act 1914 which directed payments to be made and continues to be in force immediately before the commencement of this Act.

(2) Any such order which by virtue of section 21(4) of the Act of 1949 had effect immediately before the commencement of this Act as if it required those payments to be made to a justices’ clerk in his capacity as collecting officer of a magistrates’ court shall, so long as the order remains in force, continue to have the like effect by virtue of this paragraph.

Marginal Citations

M2 1914 c. 58.

M3 1914 c. 6.